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AL SB186

Bill

Status

Introduced

2/14/2017

Primary Sponsor

Larry Stutts

Click for details

Origin

Senate

Regular Session 2017

AI Summary

SB186 - Children's Equal Access Act

  • Deletes language stating joint custody does not necessarily mean equal physical custody and revises custody definitions to align with case law terminology.

  • Creates a rebuttable presumption that both parents are fit to make parenting decisions and have maximum parenting time with their child, overcomeable only by clear and convincing evidence of abuse, neglect, or abandonment.

  • Requires all parties in child custody cases to submit a parenting plan (previously required only when parties requested joint custody) and authorizes courts to establish plans when parties cannot agree.

  • Establishes remedies when a parent violates the parenting plan time-sharing schedule without proper cause, including makeup parenting time, court costs and attorney's fees reimbursement, required parenting courses, and reimbursement for actual costs incurred.

  • Establishes public policy that courts with jurisdiction shall enforce all parenting time, visitation, custody, and child support orders in the same manner; effective January 1, 2018.

Legislative Description

Child custody, parenting plan required in all cases, court established plan in certain cases, remedies for violations of plan, Sec. 30-3-158 added; Secs. 30-3-150, 30-3-151, 30-3-152, 30-3-153 am'd.

Family Law

Last Action

Indefinitely Postponed

5/17/2017

Committee Referrals

Judiciary2/14/2017

Full Bill Text

No bill text available